JASPAN, GINSBERG, EHRLICH v. EHRLICH

Ordered that the judgment is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in failing to vacate an order of preclusion (see, Hoffman v Sno Haus Ski Shops, 185 A.D.2d 874) or in granting the plaintiff's motion for summary judgment (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.